City of Bangor, ME Article VII Street Openings and Utility Connections

[Adopted as Ch. VI, Art. 8; amended in its entirety 7-12-2004 by Ord. No. 04-175]

§ 271-29 Permits required.

A. Street opening permit. It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or other public place in the City without first having obtained a street opening permit from the City Engineering Department. All permits will be issued in accordance with the provisions of Title 23, Chapter 307, Subchapter 2 of the Maine Revised Statutes Annotated.

(1) The permit will be issued by the City of Bangor Engineering Department.

(2) A standard construction detail and instructions for the contractor will be issued with the permit. All work shall conform to the requirements of the standard detail and instructions to the contractor.

(3) The permit must be obtained by the contractor or utility company doing the work.

(4) Certain streets within the City of Bangor also require a highway opening permit issued by the Maine Department of Transportation. The Engineering Department will maintain a listing of such streets.

B. Sewer and storm drain connection permits. All new or replacement sanitary sewer or storm drain connections to City mains shall be subject to all of the regulations set forth hereinafter relative to private utility connections, except that prior to the issuance of said permit, the payment of any outstanding assessments for the City sewer construction will be required in addition to the permit fee.

C. Limitations.

(1) No street opening permit will be issued between December 1 in any one year and April 1 in the following year except for an emergency.

(2) Permits will require the contractor to maintain temporary trench repair until such time as a permanent repair can be made.

(3) The contractor shall perform any work requiring inspection by the City during normal weekday working hours (7:30 a.m. to 5:00 p.m.), unless an emergency situation requires otherwise. The City will bill the contractor for additional inspection costs for inspections outside these hours in accordance with the fee schedule herein.

(4) The contractor shall schedule work within the street to avoid rush-hour traffic whenever possible.

(5) Prior to obtaining a street opening permit from the City, the contractor shall provide the City with a dig-safe number. The contractor will also be responsible for contacting utilities not participating in the dig-safe program.

§ 271-30 Contractors.

A. All work in connection with the excavation and backfill of any opening in a public way shall be performed only by approved contractors or by the forces of the particular utility concerned. Adequate equipment shall be employed so as to expedite the completion of the work, and proper construction methods shall be used, as hereinafter described.

B. The contractor doing the work shall show proof of adequate insurance coverage before a permit is issued.

C. Contractors with a work history of two unsatisfactory similar-type street opening or utility connection projects within the previous 18 months, in the opinion of the City Engineer, or having an outstanding balance related to a previous street opening permit, will not be issued a street opening or utility connection permit.

§ 271-31 Inspections.

A. All work in connection with street openings and utility connections will be subject to the inspection and approval of the City Engineer or their authorized representative. The City Engineer will decide as to the adequacy of the materials to be used, extra safety precautions which may be required to protect the public and the scheduling of the work to be performed. No backfilling operations shall be allowed prior to the examination of the work by the Engineer.

B. The contractor shall provide timely notification to the City in order that inspection services can be scheduled for the appropriate time. The permit form will contain the necessary instructions to the contractor.

§ 271-32 Street openings; schedule of charges.

A. Openings by utility companies.

(1) Utility companies will be required to obtain separate permits for each street opening within accepted public rights-of-way. The utility company shall be responsible for performing all backfill operations, including the replacement of roadway gravel, temporary patching of the surface, and the permanent surface pavement.

[Amended 4-25-2011 by Ord. No. 11-118]

(2) The City reserves the right to inspect the work undertaken by utility companies and to charge an inspection fee according to the schedule of charges.

B. Private connections. A contractor representing any person, firm or corporation desiring to open any portion of a public way for the purpose of installing, repairing, replacing, examining or attempting to locate any private utility connection must first obtain a permit from the City Engineer. Prior to the issuance of said permit, the applicant shall pay to the City of Bangor an amount to cover the cost of inspection services in accordance with the schedule of charges contained herein. The applicant will be responsible for all work, including temporary pavement and the permanent paved surface. No backfilling shall be allowed without the prior examination of the work by the City Engineer's representative. Trenches backfilled without the Engineer's approval will be subject to the corrective work outlined in § 271-36A herein.

C. Schedule of charges for street openings and utility connections.

[Amended 4-25-2011 by Ord. No. 11-118]

(1) The amount to be paid for a street opening/utility connection permit will be based upon the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) The City Engineer may waive the weekend work and after the fact permit fees for utilities that open streets in cases of emergencies without first obtaining a permit.

§ 271-33 Excavating and backfilling.

A. Protective measures.

(1) It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for the safety of the general public. The barriers and warning devices shall conform to the requirements of the latest edition of the Manual on Uniform Traffic Control Devices.

(2) Appropriate measures shall be taken to assure that, during the performance of the excavation work, traffic conditions as normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. If it becomes necessary to close the street to traffic to permit the work, prior approval of said closing shall be obtained from the City Engineer. The contractor shall be responsible for notifying the Bangor Police and Fire Departments concerning the closing.

(3) The work shall be conducted in such a manner so as to prevent damage to adjacent property, and should such damage occur, the property shall be restored to its original condition, as directed by the City Engineer. The excavated materials shall be placed in a location so as not to endanger those working in the trench, pedestrians or users of the street.

(4) It shall be the contractor's responsibility to comply with the latest Occupational Safety and Health Administration (OSHA) requirements that may apply to the work.

B. Excavating.

(1) It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor.

(2) Prior to any excavation work, all surface pavement shall be cut to full depth by an approved method.

(3) Proper bracing or shoring shall be maintained to prevent the collapse of adjoining grounds, and the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface. Care shall be taken so as not to damage existing pipes, cables or conduits in the making of such excavations or tunnels, and notice shall be given to the persons maintaining any such pipes, cables or conduits, or to the City department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. No unnecessary damage or injury shall be done to any tree or shrub or to the roots thereof.

C. Backfilling.

(1) Whenever a permit has been issued for a street opening or utility connection and the excavation has been made, the trench or opening shall be backfilled in accordance with the details issued with the permit.

(2) Flowable fill will be required for backfill of cross trenches and openings within the street zone of major streets, or as conditions may require, as determined by the City Engineer when the permit is issued.

(3) No organic material, pavement or stones greater than six inches in diameter shall be present in the backfill.

(4) Replace to twenty-one-inch depth, or match existing base depth, whichever is greater, with gravel conforming to the latest Maine Department of Transportation specification for gravel base.

(5) If a permit is issued during the freezing weather conditions, frozen backfill will not be allowed in the trench.

(6) If the material excavated contains too much moisture for proper compaction, it shall be removed and replaced with suitable backfill material.

D. Compacting backfill. (Not applicable where flowable fill is used.)

(1) All backfill shall be thoroughly compacted by equipment designed specifically for that purpose.

(2) The first six inches of fill over the structure or pipe in the trench shall be compacted. The balance of the backfill shall be placed in layers not exceeding 12 inches and thoroughly compacted.

(3) Puddling of the backfill will not be permitted.

(4) All material excavated from the trench shall be replaced in the trench, except for the amount which may be displaced by the installation of gravel base.

(5) All backfill shall be compacted to meet at least 90% of total compaction as measured by the proctor test.

§ 271-34 Replacement of surface.

A. Hot asphalt paving on rigid base. When an opening is made on a street where the base is cement concrete, premixed base of tar or asphalt or granite block on a concrete base, the base material shall be cut back at least 12 inches beyond the edges of the trench after the backfilling has been completed and before the new permanent patch is placed. The City Engineer, at the time the permit is issued, will specify whether the base is to be replaced with cement concrete or a full depth structural bituminous concrete patch.

(1) Replacement with rigid cement concrete base.

(a) When cement concrete is to be used to replace the excavated base material, all reinforcing steel encountered when removing the cut back concrete shall not be cut off but retained and used to tie in the reinforcing in the new concrete patch. Reinforcing shall be furnished, in the area to be patched, to provide the equivalent of No. 4 reinforcing bars on twelve-inch centers, each way. Where granite block is encountered under the bituminous paving, these blocks shall be removed and the area replaced with cement concrete in accordance with the requirements of this section.

(b) The thickness of the concrete placed shall be a minimum of six inches or equal to the depth of the existing base, whichever is greater.

(c) The top surface of the cement concrete base shall be finished to allow the placement of a three-inch bituminous concrete wearing surface.

(d) Cement concrete to be used shall be ready-mix conforming to and placed in accordance with the Maine Department of Transportation (MDOT) Standard Specifications for Highways and Bridges, latest edition.

(e) Reinforcing steel shall be free of oil, rust and all deleterious materials when placed.

(f) Cement concrete shall be protected from all traffic for a minimum of eight hours.

(g) After the cement concrete has been placed and before the permanent bituminous wearing surface (type C pavement) is placed, the existing bituminous surface shall be cut back an additional four inches on all sides with a pavement saw, and the cut edges of the bituminous paving and all exposed cement concrete surfaces shall be painted with an bituminous tack before the new bituminous paving is placed. Bituminous paving shall be performed in accordance with MDOT Standard Specifications for Highways and Bridges.

(2) Replacement with structural bituminous concrete base.

(a) When a full depth bituminous concrete patch is to replace the excavated concrete base, the concrete base shall be cut back minimum of 12 inches beyond the edges of the trench after backfilling has been completed and before the new bituminous base is placed. The thickness of the bituminous concrete base shall be minimum of six inches. The top surface of the bituminous concrete base shall be finished to allow placement of three inches of bituminous concrete wearing surface.

(b) Bituminous concrete base shall be three-fourths-inch (binder) pavement placed and compacted in two-inch layers in accordance with the Maine Department of Transportation Standard Specifications for Highways and Bridges, latest edition.

(c) After the bituminous base has been placed and before the permanent bituminous wearing surface three-eights-inch HMA is placed, the existing bituminous surface shall be cut back an additional four inches on all sides with a pavement saw, and the cut edges of the bituminous paving and all exposed bituminous base surfaces shall be painted with bituminous tack before the new bituminous paving is placed. Bituminous paving shall be performed in accordance with MDOT Standard Specifications for Highways and Bridges.

B. Bituminous paving on flexible base.

(1) When a street opening permit is issued on a street which has been constructed for heavy traffic and has a bituminous surface without a cement concrete base, the same amount of gravel shall be replaced in the trench as is removed when the excavation is made where this material exceeds the twenty-one-inch depth as specified in § 271-33C.

(2) After the gravel base has been placed and before the permanent bituminous wearing surface is placed, the existing bituminous surface shall be cut back an additional 12 inches on all sides with a pavement saw or milling machine, and the cut edges shall be painted with bituminous tack before the new bituminous paving is placed. Bituminous paving shall be performed in accordance with MDOT Standard Specifications for Highways and Bridges.

C. Temporary and permanent surfacing.

(1) The contractor to whom a street opening permit has been issued shall provide a temporary patch (coldpatch) of the street opening, generally within 24 hours after the trench has been backfilled and compacted according to the requirements contained in § 271-33C and D.

(2) The temporary patch shall be made using premixed bituminous material (coldpatch), which shall remain in place until the permanent patch has been installed.

(3) Within 30 calendar days from the date of trench backfill, but not later than November 1, the contractor shall provide permanent pavement replacement in accordance with § 271-34A or B and the detail sheet provided with the permit. For emergency winter work, the permanent trench repair must be completed by June 15.

D. Restoration of other areas. The contractor shall restore all areas of disturbance, including stone curb, esplanades and gravel surfaces, including shoulders, sodded areas, shrubbery fencing, ditches, etc., to the condition prior to construction.

E. Warrantee. The contractor or utility shall correct any deficiencies in the trench or pavement for a period of one year from completion of the work authorized by this permit.

§ 271-35 Utility connections.

A. All work relative to connecting a building drain or yard drain to a City main shall be performed by an approved contractor, only under the direct supervision of the City Engineer or their authorized representative.

B. If the City main is damaged or broken by the contractor, then the damaged or broken section of main will be removed and replaced at no cost to the City by the contractor under the supervision of the City Engineer's representative.

C. Any tap to a public sewer or storm drain shall be made and an approved connection device installed in the presence of the City Engineer or their authorized representative.

D. Connections to manholes, wet wells or other structures shall be prohibited unless approved by a representative of the City Engineer. If approval is given, the structure must be cored and a watertight boot installed at the location indicated by the City Engineer.

§ 271-36 Violations and penalties.

A. Replacement of defective work.

(1) If any part of the work specified above relative to repairing or filling the trenches or excavations shall be unskillfully or improperly done, the City Engineer or their representative may direct that the work be reexcavated and replaced in a proper manner or that other corrective action shall be taken to properly repair the trench and the pavement surface.

(2) If the applicant does not repair the defective work within 24 hours of notice, then the City Engineer will act to have the work performed by the City, and the applicant shall pay a penalty equal to the whole of said expense incurred by the City, with a surcharge of 50%. No additional permits will be issued to the contractor until this cost has been paid.

(3) Thereafter, upon completion of the work and determination of the cost thereof, the City Engineer shall issue no permit to the applicant until they shall receive, in addition to the fees provided, the amount of the penalty as by this section provided and determined.

(4) The contractor shall be responsible for the work and shall hold the City harmless from any claims resulting from the work.

B. Violations.

(1) Any person, firm or corporation who or which shall dig or make an excavation in any portion of the public way or make connection to a public sewer or storm drain without first obtaining a permit shall be required to pay an after the fact permit fee as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Additionally, any person, firm or corporation who violates the provisions of this article may be punished, upon conviction, by a fine of not less than $100 for each offense. Each day shall constitute a separate offense. Such fine may be levied against the contractor.